You can check with the register of deeds in the county your property is located. For example, a homeowner may be required to keep a natural area in its natural state. Contact Hirzel Law online or call (312) 646-2770 to see how our Illinois attorneys can help with quiet title claims regarding . He can't fill the area or build anything on it. Specifically, but not in limitation of the proceeding, such right to maintain and repair shall include the right to cut any overgrown grass or weedy vegetation. Homebuyers are defying expectations. There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. In some cases, a neighbor may need to adjust their drainage if it unfairly drains onto your property. Land has a way of shifting. Note thats two parts access and use. When you sell your home or business in North Carolina, you must disclose a drainage easement as a material fact. Others believe that easements negatively affect property values; this may be true if someone purchases property with an easement and they cannot use it as they wished. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) Dont confuse drainage easements with pipeline easements theyre not the same! The issues below should be redressed with the help of an Attorney. For example, the lease can dictate that the tenant is responsible for landscaping. In my spare time, I enjoy writing blogs. Ive noticed that the water doesnt ever completely run off. Can the Government Take My Business Under Eminent Domain? Either way, it costs you nothing. Sometimes both! Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. If work being performed nearby would impact that soil, erosion control measures may be mandated. Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. Minimum easement widths of 30 feet are common, but some contracts may allow temporary work easements on either side of a permanent easement area. Which document can help me remove a shareholder. How much does hiring an eminent domain attorney cost? Most likely the document granting easement rights in your property will look similar to the deed originally granting you ownership in the property. Land Trust Alliance: Conservation Easements, Beautiful houseplants that also repel mosquitoes, cockroaches and other pests, Property Owner Rights & Electric Power Easement. How do I check my child support status in Texas? Things like sheds, pools, tennis courts, basketball courts, or even swing sets and playhouses may be forbidden. Generally, it is the duty of the dominant estate to maintain and repair the easement. They are ones that are totally on private property or maintained through a home-owners' association. Likewise, if you are allowed to build a fence, you may need to ensure the easement can be accessed by a gate and understand that considerable traffic may cross your property if repairs or upgrades in the easement are necessary. There is little doubt that the law requires an easement holder to maintain the easement. It could say something like, The Grantors acknowledge that it is in their best interest to grant an easement for drainage purposes to the City of Columbus.. Properly maintaining and inspecting your storm drains will keep you, the property owner, in line with the legal expectations when it comes to water drainage and flooding issues. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. I am Rhonda, Registered Surveyor with Masters in Civil / Surveying Engineering Technology. Homeowners may also be asked to keep the existing topography. Language can vary from contract to contract, but it has a general format. Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. Typical property maintenance is the duty of the property owner. However, the law is fairly clear about who has responsibility for maintaining an easement. Nearly all prohibit modifications inside an easement area that would impede the free flow of water. First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. It could have a much more significant impact than youre led to believe. The extent of that interest is determined by the process which creates the easement. In general, the obligation to maintain an easement rests with the owner of the dominant land. 2023 NC Eminent Domain Law Firm, All Rights Reserved. exciting challenge of being a MyLawQuestions researcher and writer. Weve found the governments initial offer low more often than not. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Law Offices of Mark Weinstein, P.C. The easement granted "a right to construct, maintain, operate, and replace a pipeline and related structures thereon by said improvement district and the right to ingress and egress from the easement" Turlock installed a waterline. Remember, a drainage easement may place some burdens on a property owner: Dont just take their word for it. These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. Not only are storm drains on your property your job to maintain, but they are also your job to create. Here are a few visual examples of drainage easements: A drainage easement can take many forms and significantly restrict what you do or how you use your property. So, if you have a similar situation to those clients that come to the Finney Law Firm concerned about their neighbors rights to an easement over their land and who bears the maintenance and repair costs, then it might be time to call the Finney Law Firm. in a signed legal contract/document. Regardless if the space is rented, or if it comes in contact with public land, private property drainage must be created and maintained by the property owner. Instead, theres always standing water in my neighbors back yard for a good while after it rains. Can you build a fence on a drainage easement Florida? A big concern for these clients is the cost of the maintenance and repair of the easement. 513-943-6650, Ft. Thomas An easement allows one party to dispose of their sewage in the others land. You still own and pay taxes on it. Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). You should address these problems as soon as you notice these problems. All rights reserved. Who is responsible for maintaining drainage easements? There are many types of storm drainage you can choose from. 1 Prior results do not guarantee similar outcomes because each case is unique and must be evaluated separately. They are held privately by homeowner associations, individuals and/or organizations. But while easements convey certain rights, they also come with various responsibilities, including for maintenance. An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. This means the owner must keep these drainage mechanisms in proper working order. What are the Different Types of Drainage Products? It is the city or countys responsibility to ensure that this public drainage system is properly maintained throughout all public areas where it exists. So be sure you know what you're getting into before you get into it. Condos and multi-family homes vary significantly in design and in ownership. constructing or maintaining such facility. Drainage Easements. We live on a hill, so it runs down past our drive and further down the pavement. You may have to leave at least a portion of the land unimproved. This can cause you to be liable for any damage caused by the flooding. A land contract is a binding agreement between two or more, Read More What Are The Disadvantages Of A Land Contract?Continue, Can You Make Money Crowdfunding Real Estate? A renter should never be responsible for providing or maintaining storm drains. An easement may be given directly by law or through a governmental document like a deed; they may also be given in the property owners contract with the government; however, in these cases, the person who gives land to the government should be listed as the owner. There are a few semi-standard forms the NCDOT, for example, may employ. Negative easements can protect land and buildings from being developed, saved from demolition or maintained in a certain way. Who Is Responsible for Maintaining a Drainage Easement? If the government is taking your land, follow these five important steps! It looks like the creek dips in my neighbors back yard and then theres a little elevated spot between our properties, and then it goes back down going towards the lake. Public drainage systems are the city's maintenance responsibility. They should also appear on surveys of the property completed after an easement was granted. Cleaning up sticks, leaves, and debris after heavy rains or flooding, Clearing out incidental debris from creeks and drainage ditches, like sticks, leaves, and grass trimmings, Clear-cutting creek banks of vegetation as part of routine maintenance, Mowing ditches or storm drains on the property, if applicable, Regrading a storm drain to repair erosion or reseeding the area to prevent erosion, Repairing damage to personal private property as a result of storm drain runoff or flooding, Removing fallen trees or large debris that create a drainage problem, Clearing drain pipes, catch basins, and culverts, Repairing and replacing broken drain pipes, Controlling creek bank erosion that threatens water quality or property, Repairing sinkholes that can occur over drain pipes, Taxes on a property you own but cannot utilize how you want, Possible value reduction depending on the nature of the easement and proximity to improvements like houses or commercial buildings, Third-party access requirements and interruptions, Additional water flow through the property. Tom Gaffey is an expert writer who currently resides in Washington D.C. Tom has a passion for real estate and home improvement writing, as well as travel and lifestyle writing. Two general types of easements are recognized in Missouri: (1) associated easements and (2) gross easements.. We have a problem regarding a neighbor who has knocked holes in a boundary wall which we paid for, to allow water to flow from his property into ours. Fair compensation for a drainage easement on your property will be a function of how much area it requires and how much it limits your ability to use and enjoy your property. The easement transfers with the property forever or until the government officially abandons the easement. Necessary slope of the dominant estate to maintain, but they are also your job to create with. The lease can dictate that the water doesnt ever completely run off maintaining the necessary slope of the easement natural... 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